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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Zoning Board of Appeals Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
ZONING BOARD OF APPEALS
Tuesday, August 15th, 2006
Bloomfield Township Hall

I. ATTENDANCE:

PRESENT: Board Members Lisa Seneker, James Aldrich, Larry Smith, Robert Taylor, Brian Henry, Chairman Jane Reisinger

ABSENT: Dan Devine, Brian Kepes, Corinne Khederian

STAFF PRESENT: Patricia McCullough, Planning and Building Director, Brenda Schlutow, Code and Ordinance Director, Robin Carley, Development Coordinator.

 

II. APPROVAL OF MINUTES:

A. Approval of the Zoning Board of Appeals Minutes of July 11th, 2006.

Motion was made by Ms. Seneker, Seconded by Mr. Aldrich to approve the Minutes of July 11th, 2006 as written.

Motion carried, 6 – 0.

Chairman Reisinger addressed the audience and indicated that item (17) 3984 Columbia Drive was withdrawn at the petitioner’s request.

 

III. APPEALS:

NEW ITEMS

Mr. Taylor recused himself from the following item indicating his relationship with the architectural control review committee that reviewed the petitioner’s plans.

(1) 328 Wadsworth Lane – K. Kauth

Mr. Kevin Kauth, homeowner, was present seeking approval for existing wood and chain link fencing being used as a dog run area with an overall height of 6-feet to enclose the entire rear yard of Lot 348, Westchester Village No. 3, Section 34. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. Section 6 of General Ordinance No. 423 states that all outdoor enclosures and fenced dog run areas, are subject to the review and approval by the Board of Appeals and that dogs shall not be confined or restrained in any manner except within the rear yard in an area setback at least 25-feet from the rear lot line and 16-feet from the side lot lines. (19-34-128-016)

Mr. Kauth addressed the Board with the request for an existing wood and chain link fence being utilized as a dog run with an overall height of 6-feet to enclose the front yard, a 5-foot chain link fence at the rear and side yards. Mr. Kauth indicated the 6-foot fence was constructed approximately one year ago to keep the dogs in the rear yard. Mr. Kauth presented pictures to the Board indicating the 6-foot wood privacy and the 5-foot chain link fence. Mr. Kauth presented screening the 5-foot fence with evergreens.

Ms. Seneker made comment of a letter received in objection from Mr. Patrick Callahan, resident at 3169 Pebble Lane.

Mr. James Tousignant, President of Greater Westchester Village Association, was present and spoke in objection of the existing fences. Mr. Tousignant commented the Association would allow 4-foot high decorative fences but would not allow chain link fences.

Mr. Robert Lee, resident at 345 Dalebrook, was present and spoke in objection and addressed his concerns of the Township Ordinance’s as they relate to the fence requirements.

Chairman Reisinger suggested to the Board to table the item to allow the association and neighbor to discuss.

Motion by Ms. Seneker, Seconded by Mr. Henry in regard to the appeal at 328 Wadsworth Lane for the existing wood and chain link fencing being used as a dog run area, that the request be tabled without prejudice to September 12th, 2006 meeting, to allow the petitioner to seek the approval from the subdivision association and the neighbor at 345 Dalebrook.

Motion carried, 5 – 0 – 1.

Yeas: Seneker, Henry, Aldrich, Smith, Reisinger

Nays: None

Abstained: Taylor

 

(2) 1526 Winthrop Road – L. Rodges

Mr. and Mrs. Larry Rodges, homeowners, were present seeking approval for an existing accessory structure, a 13’ x 20’ x 10’ high gazebo, located in a rear yard more than 16-feet from the side lot lines and 15-feet from the rear lot line for Lot 17, East Bloomfield

Highlands Subdivision, Section 3. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be located closer than 16-feet to any side or rear lot line and shall require the review and approval of the Zoning Board of Appeals. (19-03-301-002)

Mrs. Teresa Rodges addressed the Board with the request for an existing gazebo, located in a rear yard. Mrs. Rodges indicated the existing gazebo provides shelter and shade for the family during the evening hours.

Adjacent rear neighbor in the audience was present and was in support of the variance request.

Ms. Seneker made comment to the Board in regards to a unanimous letter received complaining about open storage within the subdivision.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 1526 Winthrop Road, for the existing accessory structure, a 13’ x 20’ x 10’ high gazebo, be approved as submitted, and the variance for the rear yard location be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Accessory structure is not to be utilized for open storage at any time.

Motion carried, 6 – 0.

 

(3) 2888 Colonial Way – R. Bordener

Mr. Robert Bordener, homeowner, was present seeking approval for an existing accessory structure, a 19’ x 10.5 x 9.2’ high carport screened with plantings, located in a side yard 4.3-feet from the easterly side lot line of Lot 34, Colonial Estates, Section 10. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not be located closer than 16-feet to any side or rear lot line and shall require the review and approval of the Zoning Board of Appeals. (19-10-151-043)

Mr. Bordener addressed the Board with the request for an existing carport, screened with plantings, located in the side yard. Mr. Bordener indicated the existing carport is utilized to house his vehicle that allows his vehicle to be kept out of the driveway. Mr. Bordener commented that the existing garage does not allow for two vehicles. Mr. Bordener made mention of a petition submitted with signatures of twelve neighbors approving the variance request.

Ms. Seneker made comment as to the letter received in opposition from Mr. and Mrs. John Cole, residents at 2874 Colonial Way.

Mr. Taylor questioned how is the canvas supported.

Mr. Bordener replied there are metal joist that cross connect and are bolted into the roof and then bolted into the poles of the structure that supports the canvas.

Motion by Mr. Taylor, Seconded by Ms. Seneker for the appeal at 2888 Colonial Way for the existing accessory structure, a 19’ x 10.5’ x 9.2’ high carport, be approved as submitted, and the variance for the side yard location be grated, based

on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Contingent upon additional evergreen screening being installed, accessory structure not to be utilized as open storage, and obtain building permits.

Motion carried, 6 – 0.

Mr. Henry, Board Member, disclosed to the Board that his daughter is a senior at Marion High School.

(4) 7225 Lahser – St. Mary’s Academy/Marion High School

Mr. John Argenta, of CDPA Architects, was present seeking approval for the construction of an addition that exceeds the height limitation within the R-1 zoned district. The addition would accommodate a new gymnasium with a new fly loft roof constructed over the existing gym measuring 31.8-feet high and 42.4-feet high respectively. Acreage Parcel AC336B-2, Lot 40, 52, 53, Supervisor’s Plat of Berkshire Forest No. 1, Section 34. Article XIV, Section 1400 of Zoning Ordinance No. 265 allows for building height at a maximum of 30-feet. (19-34-351-003; 004; 005; 010)

Mr. Argenta addressed the Board with the request for the construction of an addition, which would accommodate a new gymnasium with a new fly loft roof to be constructed over the existing gym. Mr. Argenta indicated site plan approval was granted from the Planning Commission subject to the two height variances. Mr. Argenta referred to the site plan and indicated the gymnasium ceiling requires a 25-foot interior height to suit Michigan High School Athletic Association requirements for high school competition. Mr. Argenta asked the Board for a variance of an additional 1.9-feet in height to accommodate a new gymnasium addition. Mr. Argenta addressed the proposed gymnasium with a new fly loft roof constructed over the existing gym that would allow for the theatrical/drama class to fly scenery. Mr. Argenta asked the Board for a variance of 12.2-feet in height to accommodate a new fly loft.

Ms. Patti McCullough, Director of Planning and Building, made mention of the Planning Commission meeting which, was heard on July 17th, 2006 and forwarded to the Zoning Board of Appeals and the Township Board of Trustees with conditions. Ms. McCullough indicated the comments made by the Planning Commission were the addition to the

school at the rear not to be visible from Lahser, the height of the fly loft, and the proposed gymnasium being visible from the neighbors on Lahser. Ms. McCullough indicated that the Planning Commission requested a visual impact site plan to be presented to the Zoning Board of Appeals as to the height of the addition, the parking lot enhancement with additional landscaping and the dumpster enclosure area was to be cleaned up.

Mr. Argenta referred to the site plan and indicated to the Board the new fly loft area and the proposed gymnasium addition as it relates to Lahser Road.

Mr. Henry questioned when did the 25-foot clear height inside the gymnasium rule go into effect from Michigan High School Athletic Association and what is the result if the variance would be denied.

Mr. Argenta replied the 25-foot clear height rule went into effect approximately 15 years ago from Michigan High School Athletic Association. Mr. Argenta commented if the variance request is denied, High School district competition finals could not be played at Marion High School.

Ms. Seneker questioned what would the materials of the new dumpster be made of.

Mr. Argenta replied the wooden dumpster would be refigured with masonry to meet the Township requirements.

Ms. Nancy Batlemento, resident at 7244 Lahser Road, was present and spoke in support of the variance request.

Mr. David Bogart, resident at 1570 Orchard Lane, was present and spoke with concerns of landscaping the view of the fly loft from his residence and the construction hours during the weekend.

The Board discussed additional evergreen screening requirements for the south elevation of the proposed addition for Marion High School.

Motion by Ms. Seneker, Seconded by Mr. Henry in regard to the appeal at 7225 Lahser Road for a building to exceed the maximum building height within the R-1 zoned district, be approved as request. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Contingent upon completion of construction the officials of

Marion High School is to meet with Mr. Bogart, neighbor at 1570 Orchard Lane, to add additional evergreen screening, at least 10-feet in height and the wooden dumpster enclosure is to be masonry.

Motion carried, 6 – 0.

(5) 1610 Lakeway Drive – W. Gaffney

Mr. William Gaffney, homeowner, was present seeking approval for the construction of an accessory structure, a 24’ x 26’ x 16’ high detached garage with an overall square footage of 624-square feet, which exceeds 50% of the main floor of the residence, which has an overall square footage of 875-square feet, located in a side yard 25-feet from the westerly side lot line and 40-feet from the rear lot line for Lots 401, 402, Ward Orchards, Section 6. The existing home is constructed on Lot 403. Article II, Section 201 of Zoning Ordinance No. 265 defines accessory use/structure as a use, which is clearly incidental to, customarily found in connection with, and located on the same zoning lot as, the principal use to which it is related. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not exceed one-half (1/2) in the ground floor area of the main building, and shall require the review and approval of the Zoning Board of Appeals. (19-06-136-015; 016; 017)

Mr. Gaffney addressed the Board with the request for a 24’ x 26’ x 16’ high detached garage to be located in a side yard. Mr. Gaffney indicated the previous garage was demolished due to it being an unsafe structure. Mr. Gaffney referred to the site plan and indicated the proposed location of the detached garage and new driveway.

Ms. Seneker questioned the materials and the color of the proposed detached garage.

Mr. Gaffney replied the material would be vinyl siding, light gray in color with white trim to match the existing house.

Ms. Seneker made mention of a letter received from Mr. Gaffney on August 1st, 2006 requesting three lots 401, 402, and 403 to be combined as one for the tax year of 2007.

Mr. Henry questioned if plumbing would be installed in the detached garage.

Mr. Gaffney replied there would be no plumbing installed in the detached garage.

Motion by Mr. Henry, Seconded by Mr. Aldrich in regard to the appeal at 1610 Lakeway Drive for the construction of a detached garage be approved as submitted and the variance for the detached garage to be located in a side yard, which exceeds 50% in the ground floor area of the main building be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Petitioner is to submit a Single Family Affidavit to the Township.

Motion carried, 6 – 0.

(6) 4235 Carey Lane – M. Gerendasy & P. Porter

Mr. Michael Gerendasy and Patricia Porter, homeowners, were present seeking approval for a 7.9-foot encroachment into the required 40-foot front yard setback for the construction of a single-story garage and front porch addition, located 32.1-feet from the front lot line. Also seeking approval for a 1.6-foot encroachment into the required 35-foot rear yard setback for the construction of a single-story master bedroom addition, located 33.4-feet from the rear lot line of Lot 5, Wing Lake Court, Section 29. The existing home is currently non-conforming. Article XIV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded, or extended. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback and a minimum of 35-feet in the rear yard setback. (19-29-252-004)

Mr. Gerendasy addressed the Board with the request for a 7.9-foot encroachment into the front yard setback for the construction of a single-story garage and front porch addition. Mr. Gerendasy indicated the garage would allow for two vehicles and storage of lawn equipment with some general storage. Mr. Gerendasy also asked the Board for a 1.6-foot encroachment into the rear yard setback for the construction of a single-story master bedroom addition.

Ms. Seneker made mention of a letter in support of the variance request received from Ms. Susan Janks, resident at 4217 Carey Lane.

Mr. Joe Roman, Architect of Roman Designs, was present and indicated the existing home and garage is currently non-conforming therefore, leaving the property owner with limited space to enlarge or expand upon.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 4235 Carey Lane for a 7.9-foot encroachment into the required 40-foot front yard setback and a 1.6-foot encroachment into the required 35-foot rear yard setback for the existing non-conforming building, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 6 – 0.

(7) 735 Robinhood Circle – W. Walker & B. Sutherland

Mr. Winthrop Walker and Ms. Barbara Sutherland, homeowners, were present seeking approval for an existing accessory structure, a river-viewing platform including a staircase and handicap accessible wheelchair ramps with an overall height of 11.5-feet, located in a rear yard at the water’s edge 5.7-feet from the westerly side lot line of Lot 10, Riverside Meadows, Section 24. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be located closer than 16-feet to any side or rear

lot line and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1517 of Zoning Ordinance No. 265 requires a 25-foot setback from the boundary or edge of a wetland. (19-24-226-047)

Mr. Walker addressed the Board with a request for an existing river-viewing platform with a staircase and handicap accessible wheelchair ramps located in the rear yard at the water’s edge. Mr. Walker presented photographs to the Board of the existing platform, staircase, and handicap wheelchair ramps.

Chairman Reisinger mentioned if the Board granted approval for the existing river-viewing platform, approval would be required to meet the requirements of the Michigan Building Code.

Mr. Christopher Price, resident at 743 Robinhood Circle, was present and spoke in support of the variance request.

Ms. Seneker made mention of letters received in support of the variance request from, Mr. & Mrs. Alan Dunker, residents at 727 Robinhood Circle, Mr. Christopher Price, resident at 743 Robinhood Circle, Mr. & Mrs. Lauren Wolf, residents at 719 Robinhood Circle, and Ms. Kimberly Stahl, friend at 2500 Mann Road, Clarkston.

Ms. Seneker also made mention of letters received in opposition of the variance request from, Mr. James Tomaro, resident at 4691 Burnley, and Mr. & Mrs. James Robertson, residents at 4711 Burnley.

Ms. Patti McCullough, Planning and Building Director, suggested to the Board that the petitioner resubmit detailed drawings to include the platform, ramp, and staircase that would comply with the 2003 Michigan Building Codes.

Motion by Aldrich, Seconded by Ms. Seneker in regard to the appeal at 735 Robinhood Circle for an existing river-viewing platform including a staircase and handicap accessible ramps, that the request be tabled for 60 days to allow the petitioner to submit revised drawings that comply with the Building Code and apply to the Township Building Department for a permit.

Motion carried, 6 – 0.

(8) 766 Tennyson Downs Court – M. Juzych & N. Shalauta

Mrs. Nadia Juzych, homeowner, was present seeking approval for a 10-foot encroachment into the required 40-foot easterly front yard setback, Emerson Way Court frontage, and a 4-foot encroachment into the required 35-foot rear yard setback for the construction of a below-grade staircase with above grade 4-foot high handrails for Lot 5, Willison’s Bloomfield Farms Subdivision, Section 24. Article XIV, Section 1400 of

Zoning Ordinance No. 265 requires a minimum of 40-feet in the front yard setback and a minimum of 35-feet in the rear yard setback. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a required side or rear yard. (19-24-276-005)

Mrs. Juzych addressed the Board with the request for a 10-foot encroachment into the front yard setback, and a 4-foot encroachment into the rear yard for the construction of a below-grade staircase with above grade handrails. Mrs. Juzych indicated the staircase would allow for her children to access the rear yard and the lower level play area of the home.

Mr. Kevin Lewand of Lewand Custom Homes, was present and addressed the two dimensional variances. Mr. Lewand indicated the property is a corner lot leaving the variance requests in the front and side yards.

Ms. Seneker made mention of letters received in opposition from, Mr. & Mrs. John Kolon, residents at 774 Emerson Way Court, Mr. & Mrs. John Adamo, residents at 790 Emerson Way Court, and Mr. & Mrs. Kenneth Szymczak, residents at 782 Emerson Way Court.

Chairman Reisinger questioned if there could be another location for the below-grade staircase.

Mr. Mark Mrozek, architect, was present and addressed the Board and indicated given the size of the property, the setbacks are right at the home leaving no room for any type of an addition. Mr. Mrozek indicated various options were reviewed and the area proposed was the most aesthetically pleasing.

Mr. John Kolon, resident at 774 Emerson Way, was present and spoke in opposition of the variance request.

Mr. & Mrs. Kenneth Szymczak, residents at 782 Emerson Way, were present and spoke in opposition of the variance request.

Mr. Henry questioned how does the homeowner access the rear yard now.

Mr. Lewand replied the homeowner gains access to the rear yard by going through the living room and off the deck of the home.

Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to the appeal at 766 Tennyson Downs Court for a 10-foot encroachment into the easterly front yard setback of Emerson Way Court frontage, and a 4-foot encroachment into the required 35-foot rear yard setback for the construction of a below-grade staircase with above grade 4-foot high handrails be denied as requested. Based on the

information presented, the applicant did not demonstrate all of the following: Compliance would be unduly burdensome, injustice to the adjoining neighbors, considering comments made by the neighbors, there are unique circumstances with the property, however, this variance request is self-created.

Motion carried, 6 – 0.

(9) 5890 Snowshoe Circle – D. Robertson

Mr. David Robertson, homeowner, was present seeking approval for an existing accessory structure, a hot tub screened with plantings, located in a rear yard more than 16-feet from the southerly side and rear property lines of Lot 22 and also Outlot B, Gilbert Lake Estates, Section 28. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures require the review and approval of the Zoning Board of Appeals. (19-28-176-014)

Mr. Robertson addressed the Board with the request for an existing hot tub screened with plantings, located in a rear yard. Mr. Robertson presented photos to the Board indicating the location and screening of the existing hot tub. Mr. Robertson presented the Board with the approvals from the subdivision association and residents at 5920 Snowshoe Circle, Mr. & Mrs. Jay Hansen.

Motion by Mr. Taylor, Seconded by, Mr. Henry in regard to the appeal at 5890 Snowshoe Circle for an existing accessory structure, a hot tub screened with plantings, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards.

Petitioner to obtain all necessary permits: building and electrical.

Motion carried, 6 – 0.

(10) 3860 Carriage Street – J. Little

Mr. James Little, homeowner, was present seeking approval for an existing accessory structure, a play structure with an overall height of 13.8-feet, located in the northwesterly corner of the rear yard more than 16-feet from the side and rear lot lines of Lot 10, Miller Estates No. 1, Section 28. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures require the review and approval of the Zoning Board of appeals. (19-28-251-019)

Mr. Little addressed the Board with the request for an existing play structure with an overall height of 13.8-feet located in the northwesterly corner of the rear yard. Mr. Little referred to the site plan and indicated the existing play structure. Mr. Little indicated the location of the existing play structure was best suited given the proposed location of the

pool and deck in the rear yard. Mr. Little referenced the power lines that run through his rear yard that also determined the current location of the play structure.

Chairman Reisinger made mention of a letter received in objection from Dr. & Mrs. Robert Bota, residents at 5775 Gilbert Lake Road.

Ms. Seneker made mention of letters received in support of the variance request from, Mr. & Mrs. Michael Schultz, residents at 3850 Carriage, Mr. William S. Ward, resident at 640 Henley, Mr. & Mrs. Paul Secrest, residents at 5801 Gilbert Lake Road, and Mr. & Mrs. Richard Moxley, residents at 3851 Carriage Lane.

Dr. Robert Bota, resident at 5775 Gilbert Lake Road, was present and spoke in objection of the variance request.

Mr. Richard Ehrlich, president of North Hills homeowners association, was present and indicated the association has reviewed and approved the play structure. Mr. Ehrlich indicated the petitioner and the resident at 5775 Gilbert Lake Road couldn’t agree on the location or screening of the play structure.

Mr. Richard Moxley, resident at 3851 Carriage Lane, and representative of the homeowners association, was present and mentioned the association made an attempt to immediate the complaint between the petitioner and the neighbor at 5775 Gilbert Lake Road but was unsuccessful.

Ms. Seneker questioned would the petitioner consider installing evergreen screening at the backside of the play structure.

Mr. Taylor suggested that the evergreen screening be placed along the easterly lot line adjacent to 5775 Gilbert Lake Road lot line to help screen the structure from the neighbor’s view.

Mr. Henry questioned Mr. Ehrlich if evergreen screening is required that the Board should be specific as to the number and the location of the trees.

Mr. Ehrlich replied evergreen screening would be required to satisfy the resident at 5775 Gilbert Lake Road.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 3860 Carriage Street for an existing play structure, that the request be approved as

submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards. Contingent upon the petitioner installing (5) 12-foot high blue spruce trees to screen the play structure from 5775 Gilbert Lake Road, to be completed within 30 days. Petitioner is to abide by Township requirements.

Motion carried, 6 – 0.

(11) 3160 Bradway Boulevard South – E. Larson

Mr. Matt Robertson, was present on behalf of the homeowners, seeking approval for a 7.6-foot encroachment into the required 16-foot side yard setback for an air-conditioning unit, located 8.4-feet from the westerly side lot line. Also seeking approval for existing wrought iron fencing and gate with an approximate height of 4-feet, to be used as a dog run area, located in a side yard 0-feet from the westerly side lot line and more than 25-feet from the rear lot line on Part of Lots 759 and 760, Bloomfield Village No. 4, Section 27. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground-mounted mechanical or electrical equipment shall not be located in the required 16-foot side yard setback and shall be screened from view by a screen wall consisting of materials identical to those used on the main building or, through the use of evergreen plant material at least the height of the equipment ("screen wall") and located at the point of placement of the equipment. Section 6 of General Ordinance No. 423 states that all outdoor enclosures and fenced dog run areas, are subject to the review and approval by the Zoning Board of Appeals and that dogs shall not be confined or restrained in any manner except within the rear yard in an area set back at least 25-feet from the rear lot line and 16-feet from the side lot line. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height. (19-27-328-014)

Mr. Robertson addressed the Board with the requests for an existing 4-foot high wrought iron fence with a gate to be utilized as a dog run, and a 7.6-foot encroachment into the side yard for an air-conditioning unit.

Chairman Reisinger made mention of the letter received from Mr. Larry Nutson, Manager of Bloomfield Village Association. Chairman Reisinger indicated the letter approved the placement of the fourth air-conditioning unit, however no communication has been made for the existing fence and gate as a dog run.

Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to the appeal at 3160 Bradway Boulevard South for an existing dog run area, that the request be denied without prejudice. Based on the information presented, the applicant did not submit sufficient information for the Board to act upon the variance request.

Motion carried, 6 – 0.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 3160 Bradway Boulevard South for a 7.6-foot encroachment into the required 16-foot

side yard setback for an air-conditioning unit, existing 4-foot high wrought iron fencing with a gate, that the variance to approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Contingent upon evergreen screening

around the existing fence and the air-conditioning units. Petitioner to obtain permits for the air-conditioning units.

Motion carried, 6 – 0.

(12) 4049 Abby Court – N. Gaggo

Mr. Mark Gaggo, homeowner, was present seeking approval for an existing accessory structure, a 10’ x 12’ x 12’ high playhouse screened with plantings, located in a rear yard 16-feet from the side and rear property lines of Lot 182, Wabeek Five, Section 18. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall require the review and approval of the Zoning Board of Appeals. (19-18-178-004)

Mr. Gaggo addressed the Board with a request for an existing playhouse, located in a rear yard screened with plantings. Mr. Gaggo indicated he had received a Notice to Comply letter from the Township Code and Ordinance Enforcement Department. Mr. Gaggo commented that he had obtained the approval from the subdivision association and the adjoining neighbors for the playhouse.

Ms. Seneker made mention of a letter received in opposition of the variance request from Mr. Richard Knoll, resident at 4134 Golf Ridge Drive East.

Ms. Seneker questioned would the play structure be landscaped.

Mr. Gaggo replied the play structure would be landscaped with emerald pine trees 5 to 7-feet in height with hosta shrubs and flowering bushes. Mr. Gaggo commented the play structure would be trimmed with pine and painted the color to match the existing home.

Chairman Reisinger questioned would the play structure be utilized for storage and would plumbing and heating be installed in the play structure.

Mr. Gaggo replied that there would be no storage within the play structure and no plumbing or heating would be installed in the play structure.

Motion by Mr.Aldrich, Seconded by Ms. Seneker in regard to the appeal at 4049 Abby Court for an existing playhouse, that the request be approved with the landscape plan as submitted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards.

Motion carried, 6 – 0.

(13) 1469 Dell Rose Drive – P. Kalabat

Mr. Steven Kalabat, was present on behalf of the homeowner, seeking approval to allow for the following renovations for Part of Lot 17 and all of Lot 18, Dell Rose Gardens, Section 6 (19-06-178-016):

An additional air-conditioning unit screened with plantings, located in a front yard immediately adjacent to the residential building adjacent to two existing air-conditioning units, Ward Road frontage.

A pergola screened with plantings extending 36-feet from the elevated rear deck with an overall height of 8.9-feet, located in a rear yard more than 40-feet from Ward Road frontage.

Two sections of wrought iron fencing with an overall height of 5.1-feet extending from the residential building towards a 4-foot high retaining wall for the purpose of enclosing a pool area, located in a rear yard 25-feet from the water’s edge.

Pool equipment screened with plantings, located in a rear yard approximately 63-feet from the residential building and more than 16-feet from the southerly side lot line.

Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall require the review and approval of the Zoning Board of Appeals and that ground mounted mechanical and electrical equipment may be permitted in any side or rear yard when they are placed immediately adjacent to the residential building. Article XV, Section 1510 of Zoning Ordinance No. 265 states fences in a residential district shall not exceed 4-feet in height.

Mr. Kalabat addressed the Board with a four-part variance request. Mr. Kalabat requested an additional air-conditioning unit to be located in the front yard, immediately adjacent to the residential building adjacent to two existing air-conditioning units, screened with plantings. Mr. Kalabat referred to the site plan and indicated the existing swimming pool in the rear yard. Mr. Kalabat requested for the pool equipment to be located 63-feet from the residential building, located in the rear yard screened with plantings. Mr. Kalabat commented that the pool contractor determined the location of the pool equipment based on the grade of the property and where the existing swimming pool was located. Mr. Kalabat addressed two sections of the wrought iron fence that would enclose a swimming pool area. Mr. Kalabat indicated the fence height would have an overall height of 5.1-feet extending from the residential building towards a 4-foot retaining wall. Mr. Kalabat referred to the site plan and indicated a pergola, adjacent to the renovated deck off of the residence, located in the rear yard. Mr. Kalabat indicated the pergola would be screened with plantings. Mr. Kalabat commented Square Lake Association has granted approval for the variances.

Mr. Taylor made mention of a letter received from Mr. Bruce Selik, President of Square Lake Association, and indicated that the letter specifically approves the garden trellis and wrought iron fence. Mr. Taylor then noted the association letter specifically eliminated the gazebo with no review comments provided.

Mr. Kalabat provided the Board with an approved plan signed by the association. The plan indicated the gazebo and garden trellis variance plan, signed and dated 8/14/06. Mr. Kalabat referenced to the Board the gazebo was deleted on the approved plan.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 1469 Dell Rose Drive for the construction of a pergola, be approved as submitted, and the variances for a front yard air-conditioning unit, a 5.1-foot high fence, and pool equipment located approximately 63-feet from the wall of the building be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Contingent upon all outstanding fees are required to be paid in full and all open or expired permit issues resolved prior to any new permit release. Petitioner is to obtain all necessary permits and certificate of occupancy. Fence supports are to face the petitioner’s property.

Motion carried, 6 – 0.

(14) 7357 Lindenmere Drive – P. Stockmann

Mr. Todd Bergsman of Hunter Roberts Homes, was present seeking approval to allow for the following renovations for Lot 182, Meadowlake Farms No. 1, Section 31 (19-31-353-005):

Four 4.5-foot high stone piers, which includes 1.5-foot tall light fixtures with 2.7-foot high decorative wrought iron fencing between the four piers, located in a front yard 10.8-feet from the front lot line.

A 10’ x 12’ x 8’ high pool equipment house, located in a side yard more than 16-feet from the side and rear property lines.

Revisions to a previously approved kiln house, a 16’ x 23’ x 18.2’ high kiln house with a 10.6-foot high covered walkway and a 4’ x 16’ x 7.5’ high attached access ramp, located in a rear yard more than 16-feet from the side and rear property lines.

A 6.5’ x 1.5’ x 5.9’ high waterfall feature, located in a rear yard on the westerly side of the existing pool more than 16-feet from the side and rear lot lines.

A 10’ x 13’ x 9’ high pergola, located in a rear yard more than 16-feet from the side and rear lot lines.

Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not exceed one (1) story or 14-feet in height and shall require the review and approval of the Zoning Board of Appeals. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a required side or rear yard and shall not exceed 4-feet in height.

Mr. Bergsman addressed the Board with a five-part variance request. Mr. Bergsman referred to the site plan and indicated four 4.5-foot high stone piers, which includes 1.5-foot tall light fixtures with 2.7-foot high decorative black wrought iron fencing between the four piers, located in the front yard 10.8-feet front the front lot line. Mr. Bergsman indicated the piers would be constructed of the same stone that is on the house. Mr. Bergsman addressed the 10’ x 12’ x 8’ high pool equipment house, located in the side yard. Mr. Bergsman indicated the top of the roof of the equipment house would sit below the finished first floor grade of the adjacent residences and would be completely screened from site. Mr. Bergsman referred to the site plan and indicated on May 10th, 2005 the Zoning Board previously approved a 16’ x 20’ x 14’ high kiln house with a 9.8-foot high covered walkway in the rear yard. Mr. Bergsman indicated by revising the design with the elimination of the retaining wall and creating a 4-foot wide by 16-foot long wood access ramp that would allow the surrounding vegetation not to be disturbed. Mr. Bergsman indicated with the revision the kiln house would stand 18.2’ off the rear of the property, the front and side of the kiln house would be under the 14-foot above the surrounding grade. Mr. Bergsman referenced a 6.5’ x 1.5’ x 5.9’ high waterfall feature on the site plan that would be located in the rear yard on the westerly side of the existing pool completely screened by evergreens. Mr. Bergsman addressed a 10’ x 13’ x 9’ high pergola, located in a rear yard screened with evergreen plantings.

Mr. Taylor addressed the previous Zoning Board of Appeals meeting on May 10th, 2005 and questioned the practical difficulty variance before the Board presently.

Mr. Bergsman referred to the site plan and referenced the kiln house in the rear yard.

Mr. Bergsman indicated the original variance request was measured from wall-to-wall the revised variance request was measured to the furthest projection points. Mr. Bergsman indicated by eliminating the retaining wall, the kiln house is now exposing 3-4-feet of the foundation, which would be stucco to match the existing structure. Mr. Bergsman indicated the site is heavily wooded and with the revised change several large, mature trees would remain unharmed.

The Board discussed in detail the height variance of the kiln house.

Mr. Bergsman replied additional landscaping could be installed to help soften the exposed foundation of the kiln house.

Chairman Reisinger referred to the site plan and indicated each individual variance request.

Motion by Mr. Taylor, Seconded by Mr. Aldrich in regard to the appeal at 7357 Lindenmere Drive for the stone piers, a pool equipment house, revisions to a kiln house with a covered walkway and access ramp, a water fall feature, and a pergola be approved as submitted, and the variance for the fencing located in a front yard, a pool equipment house located in a side yard, and the height of an 18.2’ high kiln house with a covered walkway and access ramp be granted, with additional stone work and landscaping to be installed around the kiln house, based on the

information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty.

Motion carried, 6 – 0.

(15) 1530 Long Lake Road West – V. Ubom

Mr. Josh Tobias of Tobias Construction, was present seeking approval for the construction of an accessory use/structure, an in-door swimming pool, located in the lower level of a new home on Part of Lot 4, Island Lake Estates, Section 17. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use shall require the review and approval of the Zoning Board of Appeals. (19-17-301-016)

Mr. Tobias addressed the Board with a request for the construction of an in-door swimming pool, located in the lower level of a new home.

Mr. Henry questioned if the swimming pool is a swim in place pool.

Mr. Tobias replied the swimming pool is a swim in place pool.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 1530 Long Lake Road West for the construction of an in-door swimming pool, that the request be approved as submitted based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards.

Motion carried, 6 – 0.

(16) 5561 Lakeview Drive – P. Hittler & M. Konczalski

Mr. Paul Hittler, homeowner, was present seeking approval for an accessory structure, a replacement air-conditioning unit screened with plantings, located in a front yard,

Oak Grove Drive frontage, immediately adjacent to the residential building on Lot 8, Geisler’s Wing lake Heights, Section 29. Article XV, Section 1503 of Zoning Ordinance No. 265 states that ground-mounted mechanical and electrical equipment shall be permitted in any side or rear yard when placed immediately adjacent to the residential building. (19-29-127-005)

Mr. Hittler addressed the Board with the request for a replacement of an air-conditioning unit screened with plantings, located in a front yard. Mr. Hittler indicated a falling oak tree destroyed the previous air-conditioning unit. Mr. Hittler presented the Board with the approval from the subdivision association.

Chairman Reisinger questioned would additional screening be installed.

Mr. Hittler replied a blooming tree would screen the proposed air-conditioning unit.

Motion by Ms. Seneker, Seconded by Mr. Henry in regard to the appeal at 5561 Lakeview Drive for the request to replace an air-conditioning unit in a front yard, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty. Petitioner to obtain all necessary permits.

Motion carried, 6 – 0.

(17) (Item has been removed from the agenda, at the petitioner’s request)

Seeking approval for a 6-foot encroachment into the required 16-foot side yard setback for the construction of a single-story sunroom addition for the existing non-conforming building, located 10-feet from the westerly side lot line of Lot 16, Wabeek Ridge, Section 18. Article XV, Section 1502 of Zoning Ordinance No. 265 states that non-conformities shall not be enlarged upon, expanded or extended. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 16-feet in the side yard setback. Sterling & Vanessa Wesley, 3984 Columbia Drive, 19-18-253-012)

(18) 2759 Turtle Ridge Drive – R. Goldsberry

Mr. Glenn Kunnath of Thomas Sebold and Associates, was present seeking approval for the following accessory structures for Unit 20, Turtle Lake, Section 7:

A brick screen wall with an overall height of 5-feet for the purpose of screening two existing air-conditioning units and utilities within Turtle Ridge Drive frontage.

An in-ground hot tub, located in the front yard.

The location of three air-conditioning units, located in a rear yard approximately 7-feet from the wall of the building.

Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a side or rear yard and shall not exceed 4-feet in height. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory

use/structures shall not be erected in any required yard, except a rear yard, require the review and approval of the Zoning Board of Appeals, and that ground mounted mechanical or electrical equipment shall be permitted in any side or rear yard when placed immediately adjacent to the residential building. (19-07-202-019)

Mr. Kunnath addressed the Board with a three-part variance request. Mr. Kunnath referred to the site plan and indicated due to the configuration of the home and the topography of the lot, there is 36-feet of fall off from the rear to the front of the home, which caused the need for numerous retaining walls and stairs to be installed. Mr. Kunnath indicated a 5-foot screen wall would enclose the two front yard air-conditioning units. Mr. Kunnath referred to the site plan and indicated an in-ground hot tub, located in the front yard on the northern upper terrace. Mr. Kunnath addressed the location of three air-conditioning units, located in the rear yard approximately 7-feet from the main house structure. Mr. Kunnath commented separating the three air-conditioning units from the main house is a 7-foot wide walkway, which connects to a set of landscape stairs leading to the rear terraces of the home.

Ms. Seneker questioned the material to be used for the screen wall for the air-conditioning units.

Mr. Kunnath replied the material for the screen wall would match the existing home. Mr. Kunnath commented evergreen screening would be installed to help soften the view of the wall.

Motion by Mr. Taylor, Seconded by Ms. Seneker in regard to the appeal at 2759 Turtle Ridge Drive for the location of a 5-foot high screen wall, two front yard air-conditioning units, three air-conditioning units located 7-feet from the wall of the residential building, and an in-ground hot located in a front yard, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of the standards for practical difficulty.

Motion carried, 6 – 0.

(19) 1234 Water Cliff Drive – J. Giannetti

Mrs. Kathy Giannetti, homeowner, was present seeking approval for an existing accessory structure, a hot tub, located in a front yard more than 16-feet from the rear lot line, Water Cliff and Copper Cliff Court frontages, on Lot 52, Echo Park No. 2, Section 17. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory

structures shall not be erected in any required yard, except a rear yard, and shall require the review and approval of the Zoning Board of Appeals. (19-17-476-032)

Mrs. Giannetti addressed the Board with a request for an existing hot tub, located in the front yard. Mrs. Giannetti proposed to install sixteen arborvitaes 5-6-feet tall all around the perimeter of the existing hot tub.

Chairman Reisinger made mention of the letter received in opposition as to the location of the hot tub for the variance request from Echo Park Subdivision Homeowners Association.

Mrs. Giannetti replied there is not a lot of room directly behind the home to place the hot tub.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal at 1234 Watercliff for an existing hot tub, located in a front yard be tabled to September 12th, 2006 to allow the petitioner to provide a landscape plan to the subdivision association and seek their approval.

Motion carried, 6 – 0.

(20) 1730 Beechwood Way – J. Danto

Mr. John Mayer, Landscape Architect, was present seeking approval for the construction of accessory structures, retaining and planter walls screened with plantings with an overall height of 8.5-feet to allow for the construction of two raised patios and two staircases, the retaining and planter walls are located in the westerly side and rear yards 2-feet from the westerly side lot line and 2-feet from the rear lot line, the raised patio is located 23.8-feet from the rear lot line of Lot 20, Wabeek Manor, Section 7. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not be located closer than 16-feet to any side or rear lot line and shall require the review and approval of the Zoning Board of Appeals. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 35-feet in the rear yard setback. (19-07-453-006)

Mr. Mayer addressed the Board with the request for retaining and planter walls screened with plantings with an overall height of 8.5-feet that would allow for the construction of two raised patios and two staircases, located in the westerly side and rear yard. Mr. Mayer provide a landscape plan and indicated the garden walls would retain and define garden beds that would be landscaped with an assortment of flowering plants. Mr. Mayer referred to the proposed planter, which would match the proposed upper terrace construction located in the rear yard. Mr. Mayer indicated the masonry construction would have a veneer of stone and paving of bluestone.

The Board discussed the submitted landscape plan in detail.

Motion by Ms. Seneker, Seconded by Mr. Taylor in regard to the appeal at 1730 Beechwood Way for the construction of retaining and planter walls, that the request be approved as submitted, and the variance for a 14-foot encroachment into the required rear yard for the construction of retaining and planter walls, and a 11.2-foot encroachment into the required 35-foot rear yard setback for the construction of two raised patios and two staircases be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty. Approval is contingent upon landscape plan with evergreens being submitted to the Planning Department.

Motion carried, 6 – 0.

(21) 4539 River Trail – T. Dehko

Mr. Paul Gilgallon, Architect and representative of American Pools, was present seeking approval for the construction of an accessory use/structure, an in-ground swimming pool, located in a front yard, Franklin Road frontage. Also seeking approval for the installation of 4-foot high fencing to enclose the proposed swimming pool, located on private property in front and side yards, Franklin Road frontage. Also seeking approval for a 1.5-foot encroachment into the required 16-foot side yard setback for the installation of pool equipment screened with plantings, located 14.5-feet from the northerly side lot line for Lot 30, Franklin Ravines, Section 31. Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory use/structures shall not be erected in any required yard, except a rear yard, shall be reviewed by the Zoning Board of Appeals, that ground mounted mechanical and electrical equipment may be permitted in any side or rear yard when placed immediately adjacent to the residential building, and that the equipment shall not be located in the required 16-foot side yard setback. Article XV, Section 1510 of Zoning Ordinance No. 265 states that fences in a residential district must be located in a required side or rear yard. (19-31-427-016)

Mr. Gilgallon addressed the Board with a request for swimming pool equipment and a 4-foot high fence both located in the front yard of Franklin Road. Mr. Gilgallon indicated upon construction of the swimming pool it was discovered by the Building inspector that this property abuts Franklin Road, which is a front yard that would require a variance.

Chairman Reisinger made mention of a letter received in opposition from Mr. & Mrs. Joel Seidman, residents at 4549 River Trail.

Chairman Reisinger requested to view the approved site plan and commented to the Board that Franklin Road was not indicated on the site plan at the time of permit issuance.

Ms. Seneker made mention of the opposition letter received from Mr. Steven Dunn, previous President of Franklin Ravines Homeowners Association.

Ms. Mary Leduke, President of Franklin Ravines Homeowners Association, was present and addressed two concerns. Ms. Leduke indicated concerns with the 1.5-foot encroachment into the side yard and the 4-foot high fence location.

Mr. Gilgallon referred to the site plan and indicated a patio and sunroom addition is currently under construction. Mr. Gilgallon indicated the patio is raised which would allow access into the swimming pool.

Mr. & Mrs. Joel Seidman, residents at 4549 River Trail, was present and spoke in objection of the variance requests. Mr. Seidman expressed his concerns relating to the fence material to be used and the landscaping to be installed.

Chairman Reisinger suggested to the Board to table the item to allow the petitioner to work out the variance requests with the adjacent neighbor and the association.

Motion by Ms. Seneker, Seconded by Mr. Aldrich in regard to the appeal at 4539 River Trail for the construction of a swimming pool, and to locate an in-ground swimming pool and fencing in a front yard. Also, a 1.5-foot encroachment into the side yard for the placement of pool equipment variances be tabled to September 12th, 2006 to allow the petitioner to seek the approval from the subdivision association and the adjacent neighbors. Contingent upon submittal of a new landscape plan, indicating the relocation of the pool equipment so it is not visible from the side yard and submit fence details.

Motion carried, 6 – 0.

(22) 2285 Franklin Road – Ambrose Properties LLC/CIT

Ms. Natasha Vassallo of Sign-A-Rama, was present seeking approval for a 10-foot encroachment into the required 25-foot street side setback for the construction of a 6.4’ x 5’ high ground sign, located 15-feet from the road right-of-way line, Franklin Road frontage, Part of Lots 15 and 16, Bloomfield Terrace, Section 4. Article XV, Section 1512 of Zoning Ordinance No. 265 states that no ground sign shall be located nearer than 25-feet to any existing or proposed right-of-way line within the Research Park zoned district. (19-04-351-046)

Ms. Vassallo addressed the Board with the request for a 10-foot encroachment into the 25-foot street side setback for the construction of a 6.4’ x 5’ high ground sign for CIT, the proposed client. Ms. Vassallo indicated if the sign were setback 25-feet from the setback as required by the current zoning, the sign would not be visible from the street.

Ms. Vassallo commented keeping the proposed sign in line with the other signs on the same side of the street would be aesthetically pleasing to the community.

Ms. Barbara Bell, representative of CIT, was present and referred to the site plan and indicated the existing row of trees. Ms. Bell commented if the sign were placed within the existing row of trees, the sign would not be visible to traffic.

Motion by Mr. Aldrich, Seconded by Mr. Taylor in regard to the appeal for 2285 Franklin Road for a 10-foot encroachment into the required 25-foot street side setback, that the variance be approved as requested. Based on the information presented, the applicant did demonstrate to the Board’s satisfaction all of standards for practical difficulty.

Motion carried, 6 – 0.

(23) 6495 Telegraph Road – Armada Real Estate – Bloomfield BP

Mr. David Lubin, of Lubin, Schulz & Skocelas Architectures, was present seeking approval for the following variances to allow site improvements for AC270F-1-2, Section 28 (19-28-352-003):

An 18-foot high canopy above the pump islands for the proposed single story building, Telegraph and Maple Road frontages.

Encroachments into the parking setbacks on the north, west and south property lines. A 25-foot parking setback is required in front yards along Telegraph and Maple, where a 0’ and a 5’ setback are proposed respectively. The proposed parking directly abuts the side property line, which requires a 10-foot setback.

Lack of a 1,060-square foot loading area.

Article XV, Section 1503 of Zoning Ordinance No. 265 states that accessory structures shall not be erected in any required yard, except a rear yard, shall not exceed 14-feet in height, and shall require the review and approval of the Zoning Board of Appeals. Article XIV, Section 1400 of Zoning Ordinance No. 265 requires a minimum of 25-feet in the front yard parking setback, a minimum of 10-feet in the side yard parking setback, and states that loading space shall be provided in the rear yard.

Mr. Lubin addressed the Board with a three-part variance request. Mr. Lubin referred to the proposed site plan to include a new convenience store, gas station, and a drive-through Dunkin’ Donuts. Mr. Lubin referred to four existing curb cuts, with this proposed site improvements two curb cuts would be closed. Mr. Lubin indicated the one curb cut on Maple Road would be relocated slightly to the west to facilitate stacking of vehicles. Mr. Lubin addressed the two existing canopies; with the proposed site improvements there would be one canopy to cover five fuel pump drive-in islands. Mr. Lubin indicated the proposed convenience store building and the canopy structure materials would be of limestone and brick. Mr. Lubin indicated the loading area would receive shipments at 4:00 AM.

Ms. Patti McCullough, Director of Planning and Building, made mention of the Planning Commission meeting from July 17th, 2006. Ms. McCullough indicated the following was forwarded to the Zoning Board with recommendation for approval:

The 18-foot height of the proposed canopy addition with 14-feet permitted for an accessory structure. No loading space provided with 1,060 sq. ft. loading space required in the rear of the building. 20 and 25-foot front parking setbacks from West Maple and Telegraph Roads, with 25-feet required, and 0-foot side parking setback with 10-feet required. Ms. McCullough indicated the motion included that the revised plans submitted to the Zoning Board were to include the proposed screening of the rooftop mechanicals and the masonry dumpster enclosure with a wooden gate.

Chairman Reisinger questioned would there be landscaping for the new site.

Mr. Lubin replied landscaping would be installed on the north and south sides of the property. Mr. Lubin indicated a landscaping plan would be provided.

Mr. Ray Bayling of Schostak Brothers, was present and spoke in support of the variance request.

Motion by Mr. Aldrich, Seconded by Ms. Seneker in regard to the appeal at 6495 Telegraph Road for the construction of a canopy, be approved as submitted, and the variance for the construction of an 18’ high canopy, Telegraph and Maple Road frontages, encroachments into the parking setbacks on the north, west and south property lines and no loading area for the proposed building be granted, based on the information presented, the applicant did demonstrate compliance with Section 1804 Standards, and did demonstrate all of the standards for practical difficulty.

Motion carried, 6 – 0.

 

IV. GENERAL BUSINESS

Next Board Meeting – September 12th, 2006

 

V. ADJOURNMENT

Respectfully submitted,

Patricia McCullough, Director

Planning and Building Department

 

APPROVED MINUTES WILL BE AVAILABLE

AT THE PLANNING DEPARTMENT

AFTER THE NEXT SCHEDULED BOARD OF APPEALS MEETING.

 

 

 

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